RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05867 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His diagnosis of tinnitus and traumatic arthritis of the lumbar be assessed as combat-related in order to receive compensation under the Combat-Related Special Compensation (CRSC) Act. ________________________________________________________________ APPLICANT CONTENDS THAT: His tinnitus and arthritis of the lumbar is a result of his combat experience while serving in Vietnam. His constant exposure to jet engines running caused his deafness and tinnitus. He injured his back after slipping on ice during a simulated combat exercise. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 26 Feb 08, the applicant was released from the Retired Reserve List and permanently retired, effective 19 Jun 08. He was credited with 30 years, 8 months and 15 days of total service for basic pay. According to a letter dated 18 Mar 13, the applicant’s CRSC application for degenerative arthritis of the spine (lumbar) and tinnitus was disapproved due to insufficient documentation. The letter also stated that his injuries were non-combat related. On 25 Mar 13, the applicant submitted a VA Form 21-4138, Statement in Support of Claim, requesting reconsideration of the 18 Mar 13 disapproval of his CRSC application. According to a letter dated 29 Jul 13, the applicant’s CRSC reconsideration request for lumbar spine and tinnitus was disapproved, as he did not provide any additional information or documentation. On 12 Aug 13, the applicant submitted a subsequent VA Form 21- 4138, requesting appeal of the 29 Jul 13 disapproval of his CRSC application. According to a letter dated 28 Aug 13, the applicant’s request for appeal of his CRSC application was denied because he submitted no new information or documentation to warrant approving his lumbar spine injury and tinnitus for CRSC. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFDC recommends denial, indicating the applicant’s claim does not meet the mandatory criteria for compensation under the CRSC program as outlined under Title 10 USC § 1413a and Office of the Under Secretary of Defense (OUSD) Guidance. The supporting documentation provided does not confirm a combat- related event as the cause of his tinnitus, and injuries incurred during fire fighter training do not meet simulated war criteria. The CRSC program was established to provide compensation to certain retirees with combat-related disabilities that qualify under established criteria. If the veteran fails to satisfy the preliminary CRSC criteria, no further consideration by their service department is required and the claim will be denied accordingly. If the veteran satisfies the preliminary CRSC criteria, the claim is reviewed for combat-related determination. The DVA awards service-connected disabilities based on their standards. They resolve doubt in the interest of the veteran and grant service connection for injuries or diseases incurred while in service. While service connection for disabilities is required for initial eligibility for CRSC consideration, CRSC criteria is more stringent. CRSC guidance requires objective documentary evidence in order to support a combat-related determination. Military Departments will determine whether a disability is combat-related using the definitions and criteria set forth in DD Form 2860, Claim for Combat-Related Special Compensation (CRSC), Appendix A. The applicant contends his tinnitus was caused by exposure to a mortar round. When making combat-related determinations for tinnitus, the board looks for documentation confirming instances of direct exposure to a combat-related acoustic trauma. The documentation provided does not confirm the applicant sustained a combat-related trauma while he was in service. The applicant contends his back was injured during military training, while carrying “dummies” out of a burning building, and from slipping on ice. When making CRSC determinations due to simulating war, the board looks for documentation confirming an injury from an active combat training scenario which occurred during simulated combat activity during military training. Occupational training, such as the fire fighter training to which the applicant refers, is not unique to the military or to combat. Additionally, slipping on ice and lifting heavy equipment is equally not unique. Therefore, some other combat- related event must have occurred that caused or aggravated the injury. The documentation provided does not indicate a combat- related event caused the applicant’s back condition. The complete DPFDC evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The available evidence of record does not support a finding that the applicant's service-connected medical condition of tinnitus and traumatic arthritis of the lumbar were incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war; and, therefore, it does not qualify for compensation under the CRSC Act. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05867 in Executive Session on 12 Nov 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Dec 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPFDC, dated 21 Mar 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 8 May 14.